International Business Machines Corporation v. Zillow Group Inc et al
| 2:2020cv00851 |
| June 17, 2020 |
| US District Court for the Western District of Washington |
| Seattle Office |
| Patent |
| 35 U.S.C. ยง 271 Patent Infringement |
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The following documents for this case are available for you to view or download:
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Filing
251
MINUTE ORDER: The parties are DIRECTED to meet and confer and to file a Joint Status Report within fourteen (14) days of the date of this Minute Order. The parties are DIRECTED to file a Joint Status Report within fourteen (14) days after the Federal Circuit issues any substantive decision in either matter. Authorized by Judge Thomas S. Zilly. (MJV)
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Filing
240
CLAIM CONSTRUCTION ORDER re certain claim terms of United States Patent No. 7,631,346 (the "'346 Patent"). Signed by Judge Thomas S. Zilly. (SR)
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Filing
218
ORDER re Parties' 217 Stipulated MOTION TO MODIFY CASE SCHEDULE. Date by which Zillow makes available additional source code and source code review tools is 9/8/2022, IBM will serve 30(b)(6) notice on Zillow by 9/8/2022, Date by whi ch IBM amends infringement contentions to cite source code Zillow has produced to date is 10/6/2022, Expert Witness Disclosure/Reports under FRCP 26(a) (2) due by 12/5/2022, Rebuttal Expert Disclosure/Reports due by 1/19/2023, Discovery Motions due by 1/12/2023, Discovery to be completed by 2/17/2023, Dispositive motions due by 3/2/2023, Motions related to expert witnesses due by 3/9/2023. Signed by Judge Thomas S. Zilly. (SR)
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Filing
200
MINUTE ORDER: The parties shall keep the Court apprised about the matters described in Paragraphs 1(a), (b), and (c), above, by filing a Joint Status Report within fourteen (14) days after any dispositive, or otherwise significant (e.g., expiration of a filing deadline without the requisite action), development. Authorized by Judge Thomas S. Zilly. (MW)
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Filing
191
MINUTE ORDER: Pursuant to the parties' stipulation, docket no. 190 , proceedings concerning plaintiff's first claim, involving United States Patent No. 7,072,849, are STAYED pending further order of the Court. Proceedings relating to pl aintiff's sixth and seventh claims, involving United States Patents Nos. 7,076,443 and 8,315,904, remain stayed pending resolution of inter partes review matters before the U.S. Patent and Trademark Office's Patent Trial and Appeal Board . The parties shall file a Joint Status Report within fourteen (14) days after the United States Court of Appeals for the Federal Circuit issues a mandate in Chewy, Inc. v. Int'l Bus. Machs. Corp., No. 2022-1756. Authorized by Judge Thomas S. Zilly.(MW)
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Filing
189
MINUTE ORDER Setting Trial Date and Related Deadlines: Jury Trial (5-10 Days) is set for 6/20/2023 before Judge Thomas S. Zilly. Parties to exchange preliminary proposed constructions of disputed claim terms and lists of proposed extrinsic evide nce by 5/19/2022, Joint Claim Chart and Prehearing Statement due by 6/15/2022, Parties to disclose reports from expert witnesses, if any, regarding Markman issues by 6/15/2022, Parties to disclose rebuttal expert reports, if any, regarding Markman issues by 7/18/2022, Deadline for completion of claim construction discovery and for amended pleadings is 8/4/2022, Opening claim construction briefs due 8/11/2022, Responsive claim construction briefs due 8/26/2022, Expert Witness Discl osure/Reports under FRCP 26(a)(2) due by 10/21/2022, Rebuttal Expert Disclosure/Reports due by 11/21/2022, Discovery Motions due by 1/12/2023, Discovery to be completed by 2/17/2023, Dispositive motions due by 3/2/2023, Motions related to expert witnesses due by 3/9/2023, Motions in Limine due by 5/18/2023, Agreed Pretrial Order due by 5/24/2023, Voir dire/jury instructions/trial briefs due by 5/24/2023, Pretrial Conference set for 6/9/2023 at 10:00 AM before Judge Thomas S. Zilly. Authorized by Judge Thomas S. Zilly. (MW)
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Filing
187
MINUTE ORDER: The parties are DIRECTED to file, within fourteen (14) days of the date of this Minute Order, an updated Joint Status Report. Authorized by Judge Thomas S. Zilly. (MW)
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Filing
184
MINUTE ORDER: The stay of Case No. C20-1130, which was imposed by Minute Order entered 12/23/2020, is LIFTED, except that proceedings involving United States Patent No. 7,543,234 ("the '234 Patent") remain stayed pending a decision by the United States Patent and Trademark Office's Patent Trial and Appeal Board ("PTAB") on the inter partes review ("IPR") petition filed by defendants Zillow Group, Inc. and Zillow, Inc. (collectively, "Zillow" ;) on 7/23/2021. The parties are DIRECTED to file a Joint Status Report within seven (7) days after the PTAB issues a final decision in the IPR proceedings involving United States Patent Nos. 7,076,443 or 8,315,904, as to which related claims in Case No. C20-851 are stayed, or a ruling concerning the IPR petition involving the '234 Patent. Plaintiff International Business Machines Corporation ("IBM") is DIRECTED to file, on or before 10/29/2021, infringement contentions as to all patents-in-suit in Case No. C20-1130 including the '234 Patent. Zillow is DIRECTED to file, on or before 11/19/2021, invalidity and non-infringement contentions as to all patents-in-suit in Case No. C20-1130 other than the '234 Patent. Any motion pursuant to Federal Rule of Civil Procedure 12 challenging their validity (patentability) under Section 101 of the Patent Act shall be filed on or before 12/16/2021, and noted for January 1/28/2021. Any response to such mo tion shall be filed on or before 1/20/2021, and any reply shall be filed by the noting date. The Court declines to set a trial date or related deadlines at this time. Zillow's request, docket no. 181 , to modify the Amended Stipulated Protective Order, docket no. 134 (as altered by Minute Order, docket no. 133 ), is DENIED as moot. Authorized by Judge Thomas S. Zilly. (MW)
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Filing
178
MINUTE ORDER: The partial stay of this matter is LIFTED as to the '849 Patent. The Court certifies that "no just reason for delay" exists, Fed. R. Civ. P. 54(b), and the Clerk is DIRECTED to enter partial judgment consistent with th e Order dated July 14, 2021, docket no. 171 , in favor of defendants Zillow Group, Inc. and Zillow, Inc. and against plaintiff IBM with regard to the '389 and '789 Patents. The parties shall file another Joint Status Report within fourteen (14) days of the date of this Minute Order setting forth a proposed trial date and related deadlines, as well as any scheduling conflicts that the parties, counsel, and/or witnesses might have. Authorized by Judge Thomas S. Zilly. (MW)
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Filing
171
ORDER granting in part and denying in part Defendants' 162 Motion for Judgment on the Pleadings. Zillow is entitled to judgment on the pleadings in its favor as to IBM's claims relating to the '389 and '789 Patents. The pa rties shall meet and confer and then file a Joint Status Report within twenty-one (21) days of the date of this Order concerning whether the Court should enter partial judgment pursuant to Federal Rule of Civil Procedure 54(b) or wait until all other claims in this matter are resolved to enter final judgment. Signed by Judge Thomas S. Zilly. (PM)
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Filing
151
MINUTE ORDER: Having conducted a status conference via ZoomGov.com at which Brian Matty and Karim Oussayef appeared on behalf of plaintiff International Business Machines Corporation ("IBM"), and Ian Crosby and Katy Peaslee appeared on behalf of defendants Zillow Group, Inc. and Zillow, Inc. ("Zillow") (Debbie Zurn, Court Reporter), the Court enters the following Minute Order: (1) Karim Oussayef is designated as liaison counsel for IBM, and Ian Crosby is designate d as liaison counsel for Zillow. (2) The Court SETS the following schedule for preliminary motion practice: (a) Any Rule 12 motion by Zillow challenging patentability shall be filed by February 22, 2021, and noted for April 16, 2021; (b) IBM is granted leave to file an amended complaint on or before March 8, 2021; (c) Any amended Rule 12 motion by Zillow shall be filed by March 25, 2021, and noted for April 16, 2021; if an amended motion is filed, Zillow shall withdraw its o riginal motion; (d) Any response by IBM to either the original or any amended Rule 12 motion shall be filed on or before April 8, 2021; (e) Any reply in support of the original or any amended Rule 12 motion shall be filed by April 15, 2021. Authorized by Judge Thomas S. Zilly. (MW)
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Filing
147
MINUTE ORDER: Having reviewed the parties' supplemental briefs, docket nos. 139 and 140 , respectively, the Court STAYS the proceedings in this matter with regard to U.S. Patents Nos. 7,072,849 (the "'849 Patent"), 7,076,443 (the "'443 Patent"), and 8,315,904 ( the "'904 Patent") pending resolution of the inter partes review ("IPR") petitions before the Patent Trial and Appeal Board ("PTAB") of the U.S. Patent and Trad emark Office. Defendant's unopposed motion for clarification, docket no. 145 , is GRANTED. The Court is considering the appointment of a Rule 706 expert to assist in all stages of this litigation. At the status conference, the parti es shall be prepared to discuss whether an expert for each side should be permitted to present a 30-60 minute tutorial on patentability in advance of the Court's consideration of the issue. In addition, the parties shall address whether the Court should appoint a Rule 706 expert to provide an independent § 101 analysis on the '183 Patent and/or other patents, and whether the Rule 706 expert should be asked to provide a tutorial in advance of the Court's consideration of patentability. Authorized by Judge Thomas S. Zilly.(MW)
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Filing
138
MINUTE ORDER: A status conference is SET for Friday, January 22, 2021, at 10:00 a.m. Counsel will receive information via email about how to access the related ZoomGov.com session. On or before January 8, 2021, the parties shall each file a su pplemental brief, not to exceed five (5) pages in length, concerning (i) the status of the petitions for inter partes review ("IPR") as to U.S. Patents Nos. 7,072,849 (the "'849 Patent"), 7,076,443 (the "'443 Pat ent"), and 8,315,904 (the "'904 Patent"), and (ii) whether the proceedings in Case No. 20-851 should be stayed in part as to the '849, '443, and '904 Patents pending resolution of the IPR proceedings. The pa rties are DIRECTED to meet and confer and, if possible, to jointly propose a candidate for appointment as an expert pursuant to Federal Rule of Civil Procedure 706. The proposed candidate or candidates shall be identified by noon on January 20, 2021. Authorized by Judge Thomas S. Zilly. (MW)
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Filing
134
AMENDED STIPULATED PROTECTIVE ORDER. Signed by Judge Thomas S. Zilly. (MW)
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Filing
125
MINUTE ORDER. In light of Zillow's Amended Answer and Counterclaims, docket no. 121 in C20-851, IBM's motion to dismiss, docket no. 117 in C20-851, is STRICKEN without prejudice as moot. On or before August 6, 2020, counsel shall meet a nd confer and file a stipulated protective order in both cases. On or before August 20, 2020, Zillow shall serve, in Case No. C20-851, amended invalidity contentions and non-infringement contentions that are consistent with Local Patent Rule 121. O n or before August 20, 2020, counsel shall meet and confer and file a Joint Status Report. Until further order, the parties shall not file any motions in either of these cases without leave of the Court, except that Zillow may file a responsive motion in lieu of a responsive pleading in Case No. C20-1130. Authorized by Judge Thomas S. Zilly. (TH)
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Filing
116
MINUTE ORDER: A scheduling order was entered in this case prior to its transfer, see Minutes (docket no. 52 ); see also Order (docket no. 69 ), and the parties have proposed changes to certain deadlines, see Stipulation (docket no. 95 ), some of which have already expired. The Court will enter an amended scheduling order after the conference described in Paragraph 5, below. The deadline for joining parties and amending pleadings that was set forth in the scheduling order issued 1/23/20 20, docket no. 52 , remains in effect and has expired. Defendants' motion to strike infringement contentions and stay deadlines and discovery, docket no. 80 , is DENIED. The Court concludes that the lack of version numbers does not war rant striking the infringement contentions, and DIRECTS IBM to amend its infringement contentions within twenty-one (21) days of the date of this Minute Order to specify which version or versions of Zillow Mobile Apps are accused. This matter is f actually similar to SpeedTrack, Inc. v. Amazon.com, Inc., 2018 WL 3328423 (N.D. Cal. July 6, 2018), and the Court will use the same approach as adopted in that case. IBM is DIRECTED to amend its infringement contentions within thirty-five (35) day s after any disclosure of the non-public source code at issue. From the date of this Minute Order forward, the Court will apply the Local Patent Rules of this District, as well as Northern District of California Patent Local Rules 3-8 and 3-9 , except that the Court will set a specific deadline for serving the required damages contentions. On or before 7/17/2020, the parties shall meet and confer (as defined in Local Civil Rule 1(c)(6)), and file a Joint Status Report. A teleph onic scheduling and status conference is SET for 7/23/2020, at 10:00 a.m. During the conference, the Court will hear from only two attorneys per side. Counsel will be provided a conference number and access code via email, and they will be asked t o designate by return email who will speak at the conference. Consistent with the ruling of the Central District of California, see Minutes at 1 (docket no. 52 ), and unless the Court orders otherwise, multiple dispositive (i.e., summary jud gment) motions shall not be filed, see Local Civil Rule 7(e)(3), and no dispositive motion shall be filed in advance of the issuance of a claim construction order. Notwithstanding Local Civil Rule 7(f) (1), any motion for leave to file an overlength brief shall be filed at least fourteen (14) days before the underlying motion is due. Authorized by Judge Thomas S. Zilly.(MW)
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